LAXMI 03 December 2016
P. Venu (Advocate) 04 December 2016
The facts, as posted, lacks clarity.
LAXMI 04 December 2016
I simple word I am on sanctioned study leave for 1 yr..If I resign at the end before joininb back and if some chargesheet is in my name but has not been served till my resignation what will happen to my resignation acceptance and what is the best way to tackle that
Kumar Doab (FIN) 06 December 2016
Generically speking: Resignation can be witout permission, notice.
Rest relate with service rules applicable to you.
LAXMI 17 December 2016
Respected Doab sir ,
I cannt get you, is resignation unacceptable if a chargesheet is ready but not served for 1 yr, due to authorised leave taken by the employee
Kumar Doab (FIN) 17 December 2016
Read again and carefully.
You have misunderstood.
LAXMI 17 December 2016
Ok.....................................................but my apprehension is Employer make take a plea that The enquiry or proccedings before issue of Charge Sheet was in a advance stage when Resignation was tendered and hence resignation can not be accepted before disposal of chargesheet/its reply
Kumar Doab (FIN) 17 December 2016
How can you or anyone stop the employer from taking any stand?
LAXMI 17 December 2016
True Sir..
Ritesh Maity (Labour Law Advocate) 17 December 2016
Company can reject your resignation on the ground that the cause of action/ misconduct took place before you submitted resignation and the company was/ is proceeding to take action against you/ issue charge sheet.
Kumar Doab (FIN) 17 December 2016
Madam,
You need to spend quality time with your counsel with pile of record that you have to fetch a considered opinion for your matter.
LAXMI 17 December 2016
Thank you Ritesh Sir..I also expect/apprehend a similar reply from my company...Sir can it come to my defence that.,alleged cause of action has taken when I was in service and I was sanctioned study leave for 1 yr, so in between we have communicated in different other matters through mail and postal addreess, so why company has not served the chargesheet for such a long time inspite of having my mail id.comany mail id/postal address
LAXMI 17 December 2016
I also agree completely with Doab sir...and I am going to do say sir shortly and at Delhi, hope some names you can suggest by pm or on forum as u wish sir
Kumar Doab (FIN) 18 December 2016
Ms. Laxmi,
You must have checked many names already, as you are entangled with the matter since long time.
YOu can check yourself, once again at Labor Court/CGIT,Civil Courts, High Court, Supreme Court, CAT etc ....................and find out the counsels that specialize in Service Matters.
Kumar Doab (FIN) 18 December 2016
Ms. Laxmi,
You may avoid posers, abusers, loitering at many portals including LawyersClubIndia ( LCI) , posing as experts to fleece the unsuspecting querist/experts.